The lawyer called yesterday and said the state
supreme court would not review my husbands final
appeal. He said for my husband to file a
habeas corpus in the federal court, he doesn't do
that. We can't afford another lawyer and have no
idea where to start or what to do.
What is a HC ?? One of the inmates said he could do
it himself...
Any info woul be Much appreciated.

Hey there.. Hope this helps you!!

Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences (that is why your lawyer said he [himself] could not do it, the inmate must do it).
The writ's sole function is to release an individual from unlawful imprisonment. The writ tests only whether a prisoner has been accorded due process, not whether he is guilty. The most common present-day usage of the writ is to appeal state criminal convictions to the federal courts when the petitioner believes his constitutional rights were violated by state procedure. An individual incarcerated in a state prison is expected to exhaust all possible routes available before applying to a federal judge for habeas corpus.

That is "in general terms" what it means.. i also found you a link that has a wealth of information within it's contents:


http://home.flash.net/~ur2good/chapter1.htm

Good luck!!

Jessica

We are at the Federal District Court on a habeous... Our appeals attorney filed it. Many inmates do file their own... It was 2 years ago last month since the federal district court judge was assigned to our case so don't expect a fast decision... They move very slow...

We bypassed appealing the decision to the state supreme court and you can do that if you got an unfavorable decision from them...

Good luck!

Deb

Thank You for that info..
Much appreciated

HC's take many years so it is best to file it now. Good luck.

Can You Tell Me What The Form 40 Is ?

Can You Tell Me What The Form 40 Is ?


I will assume you mean this form Form 40:A Notice of Deposition hpoe this is what you meant only Form 40 I could find

Seek a writ of mandamus from the next higher court.

What course led you to hear of this form 40? Is it a civil rights action?